Same-sex marriages

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U.S. Federal & state "defense of marriage
acts" (DOMA) & constitutional amendments

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Summary:

From the founding of the United States until 1996, there were two foundational principles governing marriage:

• The District of Columbia and the individual states defined who is eligible to marry within their jurisdiction, and
  
  
• The federal government granted benefits, obligations and protections to all legally married couples and to their children anywhere in the U.S.

These two U.S. foundational principles were terminated by Congress in 1996 with the passage of the federal Defense of Marriage Act (DOMA). It states that even if a same-sex couple is legally married in the District of Colombia or in a state that has legalized same-sex marriages (SSMs), the federal government will not recognize these marriages. Same-sex married couples will be viewed as "legal strangers" with the status of roommates.

Many states have specifically banned same-sex marriages; some have passed a DOMA-type law or constitutional amendment themselves declaring that they would not recognize valid same-sex marriages legally solemnized in other jurisdictions.

The constitutionality of these laws and amendments has been challenged in recent court cases.

Topics covered in this section:

• Introduction: Overview, impact, background, and recent developments of U.S. Federal & state DOMA laws

• State DOMA laws:
   
  • How effective are DOMA laws and constitutional amendments?
    
    
  • The Nebraska DOMA law temporarily declared unconstitutional
    
    
  • Speech in opposition to the Iowa DOMA law (over 12 years old but still an accurate reflection of the marriage equality side of the debate)
    
    
  • A state marriage amendment in Kansas
    
    
• The federal DOMA law:
  
  
  • Passage of the law during 1996
    
    
  • 2003: Federal DOMA law revisited. 2009: Anti-DOMA brief
    
    
  • 2011: Personal impacts of DOMA
    
    
  • 2004 to now: Lawsuits to have the federal DOMA law ruled unconstitutional << A large & growing section
    
    
  • 2009 to now: Attempts repeal the federal DOMA law in Congress << A separate path to end DOMA
    
    
  • 2011-SEP: Allowing military chaplains to conduct SSM ceremonies
    
    
• The proposed "Federal Marriage Amendment" (FMA)
  

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Copyright © 1995 to 2012 by Ontario Consultants on Religious Tolerance
Originally written: 1995-SEP-11
Latest update: 2012-MAR-07
Author: B.A. Robinson

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